The post Handy & Handy Announces 2024 Super Lawyers Selection appeared first on Handy & Handy Attorneys At Law.
]]>Super Lawyers is a distinguished rating service that recognizes exceptional legal professionals in more than 70 different practice areas. The Super Lawyer Award acknowledges lawyers for their high levels of peer recognition and various professional accomplishments and is only awarded to the top 5% of attorneys in each state. This prestigious nationwide recognition encompasses a diverse range of practice areas and firm sizes and the meticulous selection process involves conducting independent research, peer nominations, evaluations, and more.
Super Lawyers has gained notoriety over three decades of widespread circulation in print and online platforms and serves as a trusted resource for those seeking legal representation by endorsing the top lawyers.
For more information about “Super Lawyers®”, use the following link: https://www.superlawyers.com/about/
To learn more about the selection process for “Super Lawyers®”, use the following link: https://www.superlawyers.com/about/selection-process/
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]]>The post How Much Is Pain and Suffering Worth in a Slip and Fall Accident? appeared first on Handy & Handy Attorneys At Law.
]]>In a slip-and-fall injury claim, the victim’s medical records and expenses are often used as a basis for calculating an amount of compensation for the injury victim’s pain and suffering. Evidence used to prove pain and suffering includes the following:
Medical experts may also use their knowledge and experience to predict the injury victim’s expected pain level going forward until they are likely to reach their maximum medical improvement level.
Measuring pain and suffering after an injury often becomes complex. Many attorneys use specific formulas to arrive at an appropriate figure. For example, the multiplier method uses a pain level number between one and six and multiplies it by the total amount of the victim’s medical expenses to arrive at a total.
Another method relies on medical experts to assign an appropriate dollar amount per day for pain and suffering compensation and multiply that amount by the number of days the victim is expected to feel pain until they reach their maximum medical improvement.
This is the per-diem method. Courts in some states prefer one method over another, but other states—including Utah—take an approach that tailors the amount to each unique case.
Often the amount of compensation for pain and suffering in Utah relies on compelling testimony not only from medical experts familiar with the type of injury the slip-and-fall victim suffers, but also from family, friends, and coworkers who testify about the physical and emotional impacts of the injury on the fall victim.
In most cases, an experienced Salt Lake City slip and fall lawyer gathers evidence and deposes expert witnesses and eyewitnesses with the goal of resolving the matter outside of a courtroom through a settlement.
Then they present the evidence and testimony to the insurance company of the liable party in the accident and begin negotiating for the maximum amount of compensation available under the limits of the insurance policy.
Only in cases of an insurance company’s wrongful denial of a claim, serious undervaluing of the claim amount, or a victim’s damages far exceeding the amount of insurance coverage does the case go to court in a lawsuit. While the lawsuit process takes longer, compassionate jurors tend to award larger amounts of compensation for a slip-and-fall victim’s pain and suffering.
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]]>The post How to Prove Pain and Suffering appeared first on Handy & Handy Attorneys At Law.
]]>A personal injury claim or a lawsuit against the at-fault party is the way an injury victim seeks justice, accountability, and compensation for their losses. Economic and non-economic losses after an injury are known as “damages” in personal injury claims.
While it’s easy to understand how an experienced personal injury attorney looks at medical bills, receipts, and income-tax forms to calculate financial losses in a claim for economic damages, how does an injury victim prove their pain and suffering to claim compensation for non-economic damages?
Claiming non-economic damages in a personal injury claim substantially increases the amount of compensation a victim can recover in their case. The most common non-economic damages claimed by injury victims is “pain and suffering” referring to the amount of pain the injury causes them and will likely cause them into the future until they reach their expected maximum medical improvement. Besides pain and suffering, non-economic damages may include other intangible consequences of the injury including the following:
A personal injury attorney carefully calculates these damages to maximize the amount of compensation a victim can recover within the limits of the at-fault party’s insurance coverage; for example, car insurance after a car accident or property insurance after a slip-and-fall accident.
A Salt Lake City personal injury lawyer may use an injury victim’s extensive medical bills and invoices as proof of their pain and suffering after an injury. For example, proof of surgeries, painful medical procedures, and intensive physical therapy. They may also use evidence such as the following:
Injury victims need to be upfront with their medical providers about the level of pain they’re experiencing after an injury. Doing so not only ensures that they receive treatment for their pain but also makes the pain a part of the medical record so it provides critical evidence in an injury claim.
While it may seem challenging to assign a monetary amount to intangible damages like pain and suffering, personal injury attorneys use common methods to arrive at compelling figures for their clients. One method is the multiplier method.
This method uses the amount of the victim’s medical expenses and multiplies it by a number between one and six depending on the victim’s pain level. A second method is to use medical expert testimony to assign a dollar amount for the pain per day (Per Diem method) and multiply it by the number of days the medical expert predicts the pain will continue until the victim reaches their maximum medical improvement.
In some cases, the attorney will try both methods and choose the result that maximizes the amount of compensation available for the claim. While some state courts prefer one method over the other, other states, like Utah, take an individualized approach to calculating a monetary amount for pain and suffering depending on the evidence and testimony in each case.
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]]>The post What Does Litigation Mean in a Personal Injury Case? appeared first on Handy & Handy Attorneys At Law.
]]>When an injury occurs because of someone else’s careless or reckless actions, the injury victim doesn’t have to be left with the undue burden of expenses and lost income.
The civil courts offer a solution through a personal injury case. This type of legal action holds the at-fault party accountable for the consequences of the injury—known as the victim’s “damages” in a personal injury claim.
An estimated 95% of personal injury claims are resolved without litigation in court, meaning the claim for damages like medical expenses, lost wages, and compensation for pain and suffering ends with a settlement from the insurance company of the party at fault for the injury.
But what if the attempts to negotiate a settlement fail, or the defendant in the case—or their insurer—doesn’t admit fault and denies the claim? In that case, you might hear your personal injury attorney begin talking about litigation. But what is litigation, and what does it mean for you?
After an injury, it’s important to gather critical evidence like the police report, accident report, or business incident report, and your medical records and then hire an experienced Salt Lake City personal injury attorney to represent your best interests. Your attorney will investigate all aspects of your claim to determine the party at fault, document evidence of their liability, and calculate your damages.
Then, they will make a compelling case for compensation for your losses and send a demand package to the appropriate insurance company. For example, a negligent driver’s auto insurance liability policy should cover your damages after a car accident or a business owner’s property insurance after a slip-and-fall accident.
After they receive the demand package, the defendant in the case may answer by admitting or denying fault. After that, a series of negotiations take place, often including mediation attempts between the injury victim (plaintiff) and the alleged at-fault party (defendant) as well as their attorneys.
During mediation, a neutral third party attempts to resolve the dispute and help both sides agree to a settlement. Only in cases where they cannot reach an acceptable settlement offer from an insurer does the case proceed to court for litigation through a lawsuit.
When a claim becomes a lawsuit due to an inability to arrive at an ample settlement amount to cover damages, the injury victim must file a lawsuit within the state’s statute of limitations. Most states allow two years for filing a personal injury lawsuit, but Utah’s statute of limitations for personal injury cases is four years from the date of the injury in most cases.
After filing the complaint, the defendant is served the complaint with a set time to respond. Then both parties enter the discovery phase where they exchange all relevant information. Either party may file motions at any time during this process to dismiss the case, exclude evidence, or request further mediation.
Both parties may meet with the judge for one or more pre-trial conferences to iron out issues and attempt a resolution. Finally, if they cannot resolve the dispute, they set a trial date.
At a personal injury trial, both sides present evidence and testimony to the court to support their arguments. After presenting evidence, the jury decides if the defendant is liable for damages based on a “preponderance of the evidence” meaning they only have to decide that it’s more likely than not that the defendant is responsible for the injury.
If they find the defendant liable for damages, they issue a jury award for damages to compel the insurance company to pay out to the victim.
Although the litigation process is far more time-consuming than a settlement, jury awards for damages are often substantially more than the victim would get through a settlement.
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]]>The post How To Divide A Wrongful Death Settlement In Utah appeared first on Handy & Handy Attorneys At Law.
]]>If the death was the direct result of an individual’s or business’s carelessness, recklessness, or wrongful behavior, they are liable for the consequences—known as “damages” in a personal injury claim.
Compensation in a wrongful death claim includes amounts for damages such as medical expenses before the death, funeral costs, and compensation for the loss of wages and benefits for the number of years the decedent had remained to them had they survived.
When a wrongful death claim ends in a settlement or jury award for damages, the family members left behind sometimes experience difficulties in dividing the settlement amount.
If there is only one heir, such as a spouse, the settlement goes directly to the heir, but what if there are multiple heirs, such as a spouse and grown children? How is a wrongful death settlement divided among heirs?
In the best-case scenario after recovering a settlement for wrongful death, the close surviving family members can agree on how to divide and distribute the amount of the settlement.
For example, a surviving spouse and two surviving adult children may evenly divide a $180,000 settlement and distribute $60,000 to each survivor. A judge typically agrees to any reasonable division of the settlement when family members agree.
If a minor child is involved, the judge needs to approve the child’s portion of the settlement and may appoint a guardian ad litem to represent the child’s best interests during the distribution process.
In some cases, surviving family members disagree on how the settlement portions are distributed. They may argue that it wasn’t the way the deceased loved one would have wished, or one family member might believe they are entitled to a greater portion.
In these cases, a judge considers the extent to which each family member depended on the decedent for support.
For instance, a spouse and children were likely more dependent on the deceased family member’s income than the decedent’s retired parents or a sibling.
When disputes arise over the allocation of wrongful death compensation, a judge may order the family to attend mediation to resolve the disputes.
If mediation doesn’t result in an agreement, one or more beneficiaries can take the matter to court with a lawsuit; however, that typically dissolves a significant amount of the compensation through attorney’s fees and court charges.
A judge may also order the family members to attend arbitration, during which an impartial panel decides the distribution for them. Family members may accept the decision or can file an appeal.
Family members may choose between lump-sum payments of their portion of the wrongful death compensation or structured payments over a period of time.
Any wrongful death lawsuit or a lawsuit disputing the distribution of the funds in a wrongful death claim must be filed within two years of the family member’s death.
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]]>The post What Happens If Someone Sues You for More Than Your Insurance Covers In Utah appeared first on Handy & Handy Attorneys At Law.
]]>In personal injury claims from car accidents and other injuries caused by negligence, “damages” refer to the economic and non-economic consequences of an accident or injury, such as property damage, medical expenses, lost income, and compensation for pain and suffering. If you made a driving error or otherwise caused serious injuries to someone else, you may be worried about the consequences of a potential lawsuit.
What if you only carry the minimum required insurance coverage and the amount of the damages exceeds your coverage limit? What happens if an injury victim sues you for more money than your insurance policy covers?
If your driving error, negligence, or reckless actions resulted in injuries to others, you are liable for their damages. Typically, the injury victims file a claim directly against the insurance policy of the at-fault party in fault-based insurance states like Utah—a modified comparative negligence state. But what if you carry only the minimum required insurance, for instance, Utah’s required $25,000 per person and $65,000 per accident, and two accident victims have damages amounting to $100,000? Can the injury victims sue you for the difference? The answer is yes. Your insurance policy will only pay the $65,000 limit to the injured victims, leaving you responsible for the remaining $35,000.
The good news is that your insurance company will first attempt to lower the amount of damage the injury victims can claim. Insurance adjusters investigate the accident in order to determine if the other party in the accident shared fault for the accident in any way. Your attorney will also investigate fault in the accident.
In a modified comparative negligence system, the payout on a claim for damages is minus the injury victim’s percentage of fault. For instance, if the investigation shows the other driver was speeding at the time the accident occurred, it could have lengthened their stopping time or impeded their reaction time. Even if you accidentally ran a stop sign, if the other driver was speeding, the insurance adjuster could determine them as partly at fault. If the victim’s damages amount to $100,000 but they were 20% at fault for the accident, they’ll recover $80,000. If your insurance pays the maximum of $65,000, you’ll owe $15,000 instead of the original $35,000.
A car accident lawyer in Salt Lake City can help defend your rights and best interests through this process. In some cases, they can negotiate a settlement to minimize the amount you have to pay out of your personal funds or help ensure you don’t have to pay anything personally.
If you’re held liable for damages and you are unable to pay the amount you owe the victim, they can garnish your wages or potentially place a lien on any property you own. It’s critical to have a full and vigorous defense through an experienced Salt Lake City personal injury attorney to protect your assets.
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]]>The post What Is a Jackknife Accident? appeared first on Handy & Handy Attorneys At Law.
]]>Whether you’re a commercial truck driver or you often share the roadways with commercial trucks, it’s important to understand what a truck jackknife accident is, the dangers they pose to others, and how they occur.
Tractor-trailer trucks on the road are in two parts: the cab and the attached trailer.
One common type of truck accident occurs when these two parts cease moving together in unison as they are intended to—with the attached trailer directly behind the towing truck cab. There are several causes for this type of accident, but all involve the truck driver losing control of the trailer, causing it to cease its intended directory behind the cab. Instead, the trailer slides sideways on its hitch sometimes pushing the cab of the truck forward before sliding to one side and forming an L or V shape—resembling a half-open jackknife or pocket-knife.
A jackknife accident most commonly occurs in large trucks that are difficult to control and maneuver, but smaller trucks towing trailers may also experience jackknife accidents.
In a typical jackknife accident, the truck and/or its trailer loses traction on the road and begins to slide due to a lack of friction keeping the tires firmly gripping the surface of the road while they turn. Because sliding tires can’t grip the road properly, the driver can no longer control them with the vehicle’s steering system.
When the vehicle is a commercial truck with an attached trailer, the trailer’s tires may send the trailer sliding sideways due to lack of grip. When a truck’s trailer slides out of place behind the truck, the driver can no longer drive forward but skids sideways into a crash.
Sadly, this is often a devastating accident for other drivers near the truck because a truck’s jackknife position may take up multiple lanes causing other vehicles to crash into the truck and trailer. Because these accidents happen quickly, other motorists may not have time or space on the road to avoid an impact.
Some jackknife accidents result in truck under ride accidents when a smaller vehicle collides with the side of the truck’s trailer and wedges beneath, resulting in severe head and neck trauma to passengers, often with fatal results.
There are many reasons dangerous truck jackknife accidents occur, including due to driver inexperience and inclement weather conditions. Common causes of truck jackknifes include:
When a truck jackknifes, it may push smaller vehicles in other lanes off the road in front of them and also cause secondary collisions from rear traffic.
When driver error or a defective truck part causes a devastating jackknife accident, the driver and/or trucking company may be liable for damages to injury victims as well as for property damage to other vehicles. An experienced Salt Lake City truck accident attorney from Handy & Handy can help with this type of claim.
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]]>The post What is Post Concussion Syndrome? appeared first on Handy & Handy Attorneys At Law.
]]>A concussion is a mild traumatic brain injury that causes a temporary change in brain function. It may cause the following symptoms:
Concussions happen to people of all ages, but they’re especially common in athletes and those in youth sports. Most concussions are a mild form of brain injury with symptoms that resolve within a few days. But what happens when the symptoms linger rather than dissipate within a week? If a head injury victim’s concussion symptoms last longer than expected, a doctor may diagnose them with post-concussion syndrome (PCS).
Doctors diagnose most cases of post-concussion syndrome when an injury victim who recently sustained a concussion continues to experience symptoms longer than expected for the severity of the injury. In some cases, the injury victim may not develop symptoms until a week or more after the head injury and may not realize that they suffered a concussion until the delayed symptoms of PCS appear. In addition to the above symptoms of concussion, post-concussion syndrome could also include:
Symptoms of post-concussion syndrome vary depending on the individual. If a concussion patient experiences prolonged symptoms of a concussion, the doctor may order an MRI or other imaging tests to rule out other sources of trauma or abnormalities before diagnosing PCS.
While the causes of concussions are well understood, researchers haven’t determined why some individuals experience PCS while others don’t. No link between the severity of the concussion and the risk of developing PCS has been identified. People over age 40 are more likely to develop PCS after a head injury. Some research indicates those with a history of prior concussions and other forms of traumatic brain injury may be more prone to experiencing PCS.
There is also some evidence suggesting that those with pre-existing mental health conditions like anxiety and depression have a greater risk of post-concussion syndrome.
Because PCS is poorly understood, there is no specific treatment for the condition. Instead, doctors treat each sufferer’s symptoms individually with medications and therapy, sometimes including anti-depression and anti-anxiety medications. Minimizing stress and getting plenty of rest is beneficial for those with post-concussion syndrome. Most PCS sufferers recover fully within three months, but some continue to experience symptoms for up to a year after the initial injury. If you have suffered from post-concussion syndrome due to the negligence of another, get in touch with a Salt Lake City brain injury attorney today.
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]]>The post Understanding CTE Brain Injuries appeared first on Handy & Handy Attorneys At Law.
]]>Chronic Traumatic Encephalopathy (CTE) is a brain condition affecting only 1% of the general population, but as many as 40% of young athletes in contact sports. Unlike other brain injuries, CTE doesn’t begin with a single traumatic brain injury (TBI) but develops slowly over time in the brains of those who suffer repeated head impacts and multiple concussions.
The word Encephalopathy stems from Greek words meaning “brain disease.” Since anything labeled “chronic” means long-term, chronic traumatic encephalopathy is a long-term brain disease caused by trauma. There isn’t a way to clearly diagnose CTE while the sufferer is alive, so researchers rely on studying the brains of those impacted by CTE after death.
Because there are no specific tests to diagnose CTE, doctors make a presumptive diagnosis based on the individual’s symptoms, a neurological examination, and whether or not there is a history of head injuries or contact sports. Often MRI imaging is used to rule out other brain abnormalities.
Symptoms of CTE develop over time and in severe cases, become a form of dementia similar to Alzheimer’s disease later in life.
Some research suggests this brain disease may be linked to sufferers receiving a second head injury while their brain hasn’t yet fully recovered from a previous injury. Other studies show that symptoms of chronic traumatic encephalopathy stem from repetitive hits to the head even without concussions. Many people who develop CTE never had a head injury that caused loss of consciousness.
Those who suffer from chronic traumatic encephalopathy experience a variety of symptoms including the following:
Symptoms of CTE may begin many years or even decades after the repeated blows to the head. Later in life, those suffering from chronic traumatic encephalopathy experience increasing dementia.
If you or a loved one experiences any of the above symptoms and have a history of head injuries, it’s important to see a doctor or a Salt Lake City brain injury attorney to begin treating the symptoms to manage the disease.
CTE is mostly diagnosed in athletes, but it’s also seen in members of the military and those who’ve sustained multiple head injuries over time due to their careers or lifestyles. While there is no cure for CTE, doctors typically treat each separate symptom with medication and therapies. CTE is a degenerative brain condition that worsens over time, eventually leading to an inability to perform routine daily tasks and the need for full-time care.
Though CTE isn’t yet fully understood, researchers are still trying to discern the triggers, as well as the progression of CTE, and how repeated head injuries contribute to the degenerative changes in the brain.
Contact Handy & Handy Today
If you or a loved one has been affected by CTE, don’t hesitate to reach out to Handy & Handy today. Our team has years of experience handling these cases. Contact or call us at (385) 404-6398.
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]]>The post What Treatment is Necessary After a Brain Injury? appeared first on Handy & Handy Attorneys At Law.
]]>A traumatic brain injury (TBI) interrupts the normal function of the brain by causing damage to the delicate tissue. Damage occurs from pressure inside the skull and lack of oxygen to the brain cells. Brain cells include the critical neurons that send and receive messages to all body systems. Injuries to the brain result in short or long-term damage depending on the severity and location of the injury.
Brain injuries most commonly occur from falls, motor vehicle accidents, and contact sports. TBIs can range from a mild concussion with treatment and home monitoring until recovery, or long-term impairment that requires hospitalization, rehabilitation, and therapies to support recovery.
Emergency care for a brain injury involves stabilizing the patient and promptly addressing inflammation and pressure in the brain from bleeding or swelling. Treatment in the hospital typically includes minimizing further damage by managing swelling, draining fluids, and increasing blood supply and oxygen flow to the brain to encourage healing.
Depending on the severity of the injury, the patient may be comatose or medical providers may place them into a medically induced coma to encourage healing. Early treatments may include:
Once a patient stabilizes and returns to consciousness, they’ll undergo evaluations to determine the extent of the damage. Evaluations also indicate the type of rehabilitation the patient requires to maximize their recovery.
Most people who suffer significant or serious TBIs require rehabilitation to maximize their recovery. While brain cells cannot regenerate, the brain can “rewire” itself to form new pathways and restore some degree of function. Recovery varies a great deal depending on the severity of the injury. Recovery also varies between individuals. Rehabilitation may include one or more of the following:
Some patients need to relearn basic skills and may have difficulty with language, communication, concentration, memory, and mood. The goal of rehabilitation is to improve the patient’s ability to perform routine daily activities and restore independence to the greatest possible extent.
Some brain injuries, such as concussions, are mild and patients fully recover with rest at home. For more serious injuries, however, rehabilitation and ongoing therapies can significantly improve outcomes. Brain injury patients may need help to:
Early rehabilitation begins in the hospital and then continues in a rehabilitation facility. Most patients continue to undergo rehabilitation therapies as outpatients once they return home or to an assisted living center.
Going forward, some brain injury patients may benefit from a caseworker to help facilitate access to services, care providers, and health professionals. Vocational counselors can also help ease recovered brain injury patients back into the workforce.
A strong support system is critical for brain injury patients.
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